Ozite Corp. v. F. C. Clothier & Sons Corp.

The Ozite Corporation, hereinafter referred to as “seller”, brought an action against the F. C. Clothier and Sons Corporation, hereinafter referred to as “buyer”, for goods delivered. From a denial of full judgment, plaintiff appeals.

The defendant, in September of 1966, had received $550.00 worth of padding for carpeting. The shipment consisted of twenty rolls. The buyer shortly after receiving the goods notified the salesman for the seller that the goods were defective and asked that they be reclaimed.

For some time thereafter, the buyer was billed for the goods and in turn the buyer…